516AJoint committal proceedings

516A Joint committal proceedings S. 516A(1) amended by No. 11/2021 s. 38. (1) The jurisdiction given by section 516(1)(c) may be exercised concurrently with the jurisdiction of the Magistrates' Court to conduct a committal proceeding if— (a) the charges against each accused could properly be joined in the same indictment; and (b) the accused who is a child— (i) is of or over the age of 15 years at the time the criminal proceeding against the child for the offence is commenced; and S. 516A (1)(b)(ii) amended by Nos 63/2014 s. 5(1)(f), 16/2020 s. 14, 54/2025 s. 17. (ii) is charged with murder, attempted murder, manslaughter, child homicide, homicide by firearm, a designated offence (within the meaning of section 516) committed when the child was aged 15 years or over, an offence against section 197A of the **Crimes Act 1958** (arson causing death) or an offence against section 318 of the **Crimes Act 1958** (culpable driving causing death); and (c) the Court makes an order under subsection (2) in relation to the accused who is a child and the Magistrates' Court makes an order under section 25(4) of the **Magistrates' Court Act 1989** in relation to the other accused. (2) The Court may order that joint committal proceedings in relation to a particular accused are appropriate having regard to— (a) the age of the child; and (b) the ability of the child to participate in the joint committal proceedings and to provide instructions to his or her legal practitioner; and (c) the effect on victims of the offence charged if the committal proceedings were not conducted jointly; and (d) the estimated duration of the committal proceedings if conducted jointly; and (e) the number of witnesses that would be cross‑examined by both accused; and (f) any other matter considered relevant. (3) The Court may make an order under subsection (2) on the application of a party or on its own motion. (4) Each party is entitled to be present and may address the Court when the Court is considering the making of an order under subsection (2). (5) If the Court makes an order under subsection (2), the Court may adjourn the proceeding for a period not exceeding 28 days to enable the Magistrates' Court to determine whether joint committal proceedings are appropriate in the particular case. (6) If joint committal proceedings are conducted under subsection (1)— (a) this Act applies as far as practicable to the child; and (b) the **Criminal Procedure Act 2009** applies as far as practicable to the other accused— with any necessary modifications to ensure that the joint committal proceedings are conducted fairly and efficiently.